B. R. GAVAI, K. VINOD CHANDRAN, N. V. ANJARIA
Kiran – Appellant
Versus
Rajkumar Jivraj Jain – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The Supreme Court clarified that in cases involving arrest under the SC/ST Act, 1989, the protection under Section 438 of the Cr.P.C. (anticipatory bail) is not available. The legislature has explicitly taken away this benefit for offences under this Act, and Section 18 of the SC/ST Act creates a bar to applying Section 438 Cr.P.C. in such cases (!) (!) .
The Court emphasized that the bar under Section 18 of the SC/ST Act is constitutional and aims to protect vulnerable communities from threats, intimidation, and obstruction in pursuing justice, particularly given the social context of these offences (!) (!) .
While the bar is generally absolute, there is a limited exception where the offence under Section 3 of the SC/ST Act is not prima facie made out, or the allegations lack sufficient merit on the face of the FIR. In such cases, the Court may exercise discretion to grant anticipatory bail, based solely on the contents and allegations in the FIR, without delving into evidentiary details or conducting a mini-trial (!) (!) .
The specific facts of the case involved allegations that the accused used casteist slurs, assaulted the complainant and his family with iron rods, threatened to burn their house, and committed acts that clearly established a caste nexus. The incident took place in a public place within view, which supports the prima facie case for offences under the SC/ST Act (!) (!) .
The Court found that the High Court erred in granting anticipatory bail by overlooking the statutory bar imposed by Section 18 of the SC/ST Act. The order was deemed illegal and a jurisdictional error, leading to the cancellation of the anticipatory bail granted to the respondent (!) (!) .
The Court clarified that the observations made in the judgment are of a prima facie nature, intended solely for the purpose of deciding the bail application. The trial shall proceed independently and on its own merits, uninfluenced by these observations (!) .
The appeal was allowed, and the order granting anticipatory bail was set aside, reaffirming the principle that in offences under the SC/ST Act, anticipatory bail is generally not permissible unless the allegations are prima facie unfounded (!) .
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JUDGMENT :
N.V. ANJARIA, J.
Leave granted.
1.1 With the consent of learned counsels for the parties and upon their joint request, the appeal was taken up for final hearing today.
2. By way of present appeal, what is called in question is judgment and order dated 29.04.2025 of the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Appeal No.201 of 2025, whereby the High Court allowed the pre-arrest bail to respondent No.1 under Section 438 of the Code of Criminal Procedure, 1973, which was refused by the Additional Sessions Judge, Paranda.
3. FIR No.255/2024 came to be registered by the appellant-complainant with the Paranda Police Station, District Dharashiv on 26.11.2024 against accused-respondent No.1 herein and others in respect of alleged commission of offenses punishable under Sections 118 (1), 115(1), 189(2), 189(4), 190, 191(2), 191(3), 333, 324(4), 76, 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(o), 3(1)(r), 3(1)(s), 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3.1 The relevant and material part of the contents of the said FIR is extracted below.
Vilas Pandurang Pawar vs. State of Maharashtra
Prathvi Raj Chauhan vs. Union of India
Shajan Skaria vs. The State of Kerala & Anr.
State of M.P. & Anr. vs. Ram Krishna Balothia & Anr.
Kartar Singh vs. State of Punjab
Vilas Pandurang Pawar vs. State of Maharashtra, (2012) 8 SCC 795
Hitesh Verma vs. State of Uttarakhand & Anr.
Ramesh Chandra Vaish vs. State of U.P.
Karuppudayar vs. State Rep. by the Deputy Superintendent of Police, Lalguid Trichy & Ors.
Pre-arrest bail – In relation to any case involving arrest of a person who is facing accusation about committing offence under SC/ST Act,1989, protection of Section 438, Cr.P.C. would not be availabl....
Section 18 SC/ST Act bars pre-arrest bail if prima facie offence made out; here, caste-motivated confinement, beating of minor scheduled caste victim for touching house constitutes such offence.
The SC/ST Act bars anticipatory bail when prima facie offences are established, emphasizing the protection of individuals from caste-based discrimination.
The court established that anticipatory bail cannot be granted in cases where prima facie offences under the SC/ST (POA) Act are made out.
While considering any application seeking pre-arrest bail, High Court has to balance two interests: i.e. that the power is not so used as to convert jurisdiction into that under Section 438 of Crimin....
provision of Section 438 Cr. P.C. shall be available to an accused for anticipatory bail for alleged offences under the Scheduled Castes and Scheduled Tribes Act, 1989, if the accused/applicant is ab....
Point of law: Section 8(c) provides that the accused was having personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity of t....
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